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MILEAGE SILL IS
GALLED FAULTY
AND VETOED
Governor. in Killing Measure,
Declares It Is Contrary to
Federal Constitution.
Governor Brown today vetoed the
►ill requiring the pulling of mileage on
rains, a measure for which the travel
ng men of the state have been fight -
ng for many years. At present the
nileage must be exchanged at station
vindows
A petition of Georgia traveling men,
isking that the train rule be ordered, is
>ending before the state railroad com
nission The governor’s veto will force
he commission to make a ruling on
he question. Indications are that this
tiling will be unfavorable to the trav
ling men.
The governor brands the act as
igainst the constitution of the United
States, in that it makes the state incur
in obligation to regulate a voluntary
ion tract.
He points out that mileage is purely a
oluntary contract between the railroad
ind Its patrons, fixing a rate lower than
he maximum allowed by the state rail-'
oad commission. For the state to at
empt to say in what manner this vol
intary contract shall be carried out
could be to assume an unconstitutional
ibligatlon. he declares.
Reasons For Veto.
The governor says:
Tn section 1 this bill says that 'lt
shall not be necessary to exchange
the mileage ticket or coupons there
from for a ticket, any contract to
the contrary notwithstanding.”
Section X of the Constitution of
the United States says: "No state
shall pass any law impairing the
obligation of contracts.”
Section 1 of this bill, therefore.
Is in violation of the organic law of
the land, and is thus inevitably in
valid.
Again, the very designation by
which the law describes the rail
road companies, viz: "common car
riers." necessarily carries the re
quirement that they shall protect
equal rights for and accord equal
privileges to all, whereas this bill
provides that he who gets the re
duced rates shall have an advan
tage in convenience over all pas
sengers paying the maximum rates.
In the case of the Lake Shore
and Michigan Southern Railway Co.
vs. Smith, the supreme court of the
United States has said:
Cites Supreme Court.
"The legislature having establish
ed a maximum rate, a general law
now assumes to interfere with the
management of the railroad while
conducting its affairs pursuant to
and obeying the statute regulating
rates and charges, and notwith
standing such rates it assumes to
provide for a discrimination, an ex
ception in favor of those who may
desire and are able to purchase tick
ets at what might be called whole
sale rates —a discrimination which
operates In favor of the wholesale
buyer, leaving the others subject to
the general rules."
The ruling made by the court as
to one species of discrimination
would, of course, be applied to all
other varieties of the same
Upon the subject of mileage tick
et regulations, in the case of Recli
ner vs. Pennsylvania Railroad Com
pany (18 1. C. C. R. 60) the Inter
state Commerce Commission
"Held. That the right to use ex
change orders and mileage books is
in the nature of a privilege volun
tarily accorded by the carriers un
der their tariffs, and must be ac
cepted by those wno use such spe
cial fares with all lawful and non
discriminatory limitations that may
be attached to them."
Finds Another Flaw.
The decisions of the supreme
courts of several states are in line
with the above authorities.
Again, in section 1 this bill says:
"The railroad commission is em
powered and directed to take such
steps and to make such further
regulations (under penalty) as it
may deem necessary to enforce this
act.”
The foregoing is unlawful in that
it delegates to the railroad commis
sion the right to prescribe penal
ties. whereas that right is one
which the legislature must exercise
but can not delegate. It alone
makes laws and prescribes penal
ties; its creatures enforce the laws
by applying the penalties.
I will add that 1 can not escape
the knowledge that in taking this
official position 1 am forced to be
the instrument in seriously disap
pointing an energetic, useful and
worthy element of our citizenry;
but we must each recognize that we
can not always have what we want,
but must take what the law allows
us to have, and that there come
times when disappointments are the
discipline of the law, and that in
the struggle of life each class or
each man is a winner when that
class or that man secures equality
of rights and privilege with all oth
ers.
For the foregoing reasons found
in the constitution and in the deci
sions of the courts, etc., being obe
dient to the I w in enforcing the
law, I am con pelled to veto this
bill. JOSEI H M. BROWN
Go\ ernor.
Girl Swimmers Train for Contest Sept. 15
WATER POLOISTS MATCHED
At Top—Start of a boys’ race __
at Piedmont lake. Below—Jennie /T
Perkerson. on right, and Virginia _
Merker. two swimming rivals.
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Interest Between Competitors
for Silver Cup Given Men
and Boys Keen.
Jennie Perkerson and Virginia Mer
ker. Piedmont lake’s two premier girl
swimmers, are keeping In training as
consistently as any member of the
Olympic team and nearly every day at
the park Life-Savers Carraway and
McDermott are hailed with a "Watch
out for me. I'm going out!”
Jennie's favorite method of getting
strength tn her arms is by rowing, and
she has developed into almost as capa
ble an oarswoman as she Is a swim
mer. Virginia sticks to the water and
practices various strokes trying to get
a variety in order to rest her must les
on a log swim.
Jennie has beat Virginia decisively
in a mile «wlm and in a half-mile swim,
but they are willing and anxious to
race each other again, for Virginia is
constantly improving anti Jennie is not
the sort to rest on laurels won in the
past. Another race for a new length
probably will be pulled off on Septem
ber 15, when Piedmont park bathers
will end the season with the largest
water carnival of the year
Interest is keen among the men and
boys who are striving for the silver cup
offered to the winner of the greatest
number of points In the races of last
week and the coming races. R F. Sams
now Is in the lead, hut has so slight an
advantage that any one of several
swimmers may take the cup away from
him.
A water polo game, probably the first
ever seen by the public of Atlanta, is
being arranged for that day between
two well matched teams.
"Any one who has seen football can
understand water polo.” says Captain
Ren F. Schlomberg. who is training the
aquatic players
"Football, you know, is just a milder
form of water polo, and the water game
is full of excitement from the start to
the last moment.”
WIFE ARRESTS INVENTOR
OF MECHANICAL SPANKER
CHAMPAIGN. ILL., Aug. 20.—Be
cause his wife objected to his using a
mechanical device, invented by him at
the University of Illinois, for punish
ing their child, Professor Duff Andrew-
Abrams beat her, and she had him ar
rested. He pleaded guilty, waiving a
jury and paid a fine of $12.50.
Abrams is associate professor in the
engineering experiment station in ap
plied and theoretical mechanics. He
applied his theoretical mechanics to the
erection of a spanking machine for the
chastisement of children without the
usual manual labor. When he tried to
demonstrate the practicability of the
device on his little son the mother ob
jected.
SOCIETY FIREMAN LOSES
HIS HEAD BY A BLAST
ST. LOUIS. Aug. 20.—Henry Youtze,
chief engineer of a volunteer fire de
partment in the fashionable West End
residence district, was decapitated by
the explosion of a chemical engine
which he was endeavoring to play on a
fire. It is believed he neglected to open
the nozzle before turning the stopcock
His wife saw the accident.
HIGH SCHOOL FACULTY.
CRAWFORD, GA., Aug 20.—The
trustees of the Crawford High school
have elected the faculty for the ensuing
year, the term to begin September 1.
Professor H. F. Smith is principal; Mrs.
Annie Avera, first assistant; Mrs. S C.
Faust, second assistant, and Miss Rubx
Rol.ir.d. mush teaelu r.
THEATLANTa GEORGIAN XND NEWS. TUESDAY. AUGUST 20. 1912.
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ATHENS BANKERS TO
BE TRIED AT SPECIAL
COURT SESSION.OCT.7
ATHENS, GA., Aug. 20.—Judge C. H.
Brand has called a special session of the
Clarke superior court for October 7, at
which time cases against J. W. Griffin
and R. H. McCrary, charged with violat
ing the state banking laws, In connection
with the failure of the Athens Trust and
Banking Co., of which Griffin was presi
dent and McCrary, cashier, will be taken
up and dispensed with. The case
also involves the failure of the Crawford
Oil Mill Co., of which Griffin was presi
dent and to whom illegal loans were al
leged to have been made by the Athens,
Trust and Banking Co. Seven different
charges have been preferred against the
officers, two of which are felonies.
NEEDLE DRIVEN INTO HEAD;
POLICE SUSPECT WOMAN
LOS ANGELES, Aug. 20. —Colvin H.
Bullard, formerly a postoffiee inspector,
is at the point of death from a wound
from a sacking needle in his light tem
ple. The needle had been driven three
inches into his head, when he was found
in the cemetery at New Hall and there
were vidences of a struggle. Torn pieces
of a photograph of a young woman
upon which was written, "From your
Bakersfield' sweetheart.” were found
near by. Bullard's wife lives in Ba
kersfield.
The police are searching for a young
woman said to have been seen with
Bullard two hours before he was found.
ATLANTAN HEADS ACADEMY.
LEXINGTON, GA.. Aug 20.—The
trustees of Meson academy at this
place have elected Prof. B. B. Mooney,
of Atlanta, principal; Mis-s Mary Cul
pepper. of l-'ort Gaines, assistant, and
Miss Noll Foster, of Hampton, In
st ructot in music.
GIRL STAGE DRIVER QUITS
AFTER 23 YEARS SERVICE
STOCKBRIDGE. MASS.. Aug. 20.
Miss Florence S. Markham, who drives
the stage and carries the United States
mail between the village of Interlaken
and Stockbridge for the government,
has made a remarkable record In her
occupation, which she has followed
since 1889. in that time she his trav
eled nearly 100,000 miles.
In the winter Miss Markham his
been forced to shovel her way through
snowdrifts, and in the spring she has
repaired damage done to roads by
I heavy rains, in order to make her trip.
ONE FAMILY. TEN VOTES:
POPULAR WITH CANDIDATES
RIVERSIDE. CALIF.. Aug. 20.—G. W.
Hill, of West Riverside, says there are
tbn of his family who would vote if
one of them is registered. He Is a pio
neer, having come to California in 1859
and to Riverside in 1891. Registration
clerks ate working overtime at the
clerk's office to get the voters signed
up. A large percentage of the women
in Riverside are registered.
AMERICAN WOMAN IS
POISONED IN ENGLAND
FOLKSTONE, ENGLAND. Aug. 20.
Mrs. Enright, a middle-aged American,
died in a hospital at Hythe today as the
result of poisoning. She was found ly
ing on the beach Sunday at Hythe.
TRAMP HURT IN WRECK.
VALDOSTA, GA., Aug. 20.—A head
on collision occurred here in the yards
of the Georgia Southern and Florida
railroad when a heavy freight train
ran Into a locomotive and three coaches
al the Ashley street crossing. An un
known negro trarno. who was stealing a
ride, was badly injured.
PLATFORM FALLS
ATNOTIFICATION;i
2DDINAHEAP
Dozen Believed To Be Seriously
Injured at Ceremonies For
Governor Marshall.
INDIANAPOLIS, Aug. 211.—The plat-i
form behind the speaker’s stand col- !
lapsed at the Marshall notification
at 2:50 this afternoon, while Judge
Parker was delivering his notification
speech. More than a dozen persons
were injured, some of them seriously, it
is believed.
The injured were taken into the
Democratic State club house, on Ver
mont street. In front of which the
stand was located.
Judge Parker, who was scoring!
Roosevelt and the Progressive party |
at the moment the collapse occurred,
was not injured.
More than 200 men. women and chil
dren were precipt.ated a distance of
20 feet to the ground and buried in the
wreckage.
Governor Is Notified.
Governor Thomas R. Marshall this
afternoon was notified officially of his
nomination for vice president of the
United States by the Democratic na
tional convention, and formally accept,
ed the honor in a brief speech. The no
tification speech was made by Judge
Alton B. Parker, chairman of the noti
fication committee.
In his speech of acceptance Gov
ernor Marshall said in part:
"This campaign calls upon some for
justice, upon others for charity, upon
all for patriotism it does not call for
the bandying of epithets nor for an ap
peal to the personal. We may safety
leave to that senile dementia which
has seized the so-called Republican
party the personalities of this cam
paign. Its unfitness to rule thfc re
public is disclosed by its inability to
keep its temper. As for the party’s
bosses, the improper Influences in
American political life are about equal
ly divided between them. Everywhere
"Boss” Barnes is crossing swords with
"Boss” Flinn, and their charges and
counter charges disclose greatness only
when we apply Emerson’s statement:
Consistency is the hobgoblin of little
minds.’
What the Party Offers.
"The voter who can not satisfy him
self this year is indeed censorious.
Eliminating the verbiage of platforms
taking their substance and viewing the
candidates placed on them, the voter
who believes that the cost of production
at home and abroad should be equalized
to the manufacturer of this country and
who wants an oligarchy to rule may
vote the straight Republican ticket;
the voter who believes in a similar
protective theory, but who prefers to
an oligarchy that the president shall be
the state, may vote the Progressive
/icket; the voter who believes this gov
ernment should be turned into a so
cialism. may vote the Socialistic tick
et: the voter who thinks that church
and state are not separate in America
and that the people have a right to set
tle religious questions and to determine
by ballot what is good and what Is bad,
may vote the Prohibition ticket, and all
those who insist that It is not the busi.
ness of government to equalize the cost
of production at home and abroad to
the manufacturer until it equalizes the
difference in the purchase price to the
consumer at home and abroad, who be
lieves that the only equalization justi
fiable in our government is the equali
zation of opportunity, who thinks that
public office is a public trust, who does
not believe that disgruntled and de
feated politicians are genuine reform
ers. and who think that reforms
are not born with sore toes, may vote
the Democratic ticket."
Crowds Gather Early.
After a night of incessant lightning,
thunder and downpour of rain that re
sembled a deluge, "notification day”
opened decidedly cooler, and before the
time for the forenoon auto ride the sun
frequently broke through the clouds to
the great joy of scores of visiting Dem
ocratic celebrities and thousands of vis
itors.
Although Tomlinson hall had been
prepared for indoor ceremonies in case
of showers, crowds early began Io gath
er for the open air program in Univer
sity park, where 25,01)0 persons could
congregate within sight and hearing of
the speakers.
As the Democratc hosts swarmed at
the Hotel Denison, where the smiling
Tom Taggart reigns supreme, the en
tire absence of silk hats and frock
coats constituted a striking feature
Among the notables were W. G
McAdoo, of New York: Senator T. P.
Gore, the blind orator from Oklahoma.
Joseph E. Davies, of. Wisconsin; dele
gations from Louisiana and from other
far-off states. The special train car
rying 100 Illinois Democrats arrived
at 1:30 p. m.
Following a sightseeing tour of the
city in automobiles, a noon luncheon,
given by Thomas Taggart at his hotel,
occupied the time until the notification
ceremonies began.
At the conclusion of the speeches an
auto trip, winding up at the home of
Governor and Mrs. Marshall, where a
reception was held, concluded the
day's program.
ALBANIAN REVOLT FAILS;
INSURGENTS BACK HOME
CONSTANTINOPLE, Aug 20.—The
Albanian revolution against Turkish rule
has failed, according to a dispatch re
ceived here today from I skup in the
vilayet of Kossovo In European Turkey
This message said that the Turkish gov- I
ernment commission had succeeded in
arranging a compromise with the Insur
gent Albanians who are returning to their
homes
•••••••••••••••••••••••••a
: Taft Fights for His •
• Commerce Court; to •
: Use Veto Club Again •
• WASHINGTON. Aug. 20.—Pres- •
• ident Taft today made it clear to •
• cabinet officers and others that •
• he intends to ve.to the legislative. •
• executive and judicial bill which •
• reached the white house today •
• minus the objectionable seven- •
• year tenure clause, but contain- •
• ing no provision for the commerce • I
• court. • ;
• The president reiterated his as- • ‘
• sertion that he would stay in •
• Washington all summer rather •
• than see the commerce court abol- •
• ished. •
• •
•••••••••••••••••••••••••a
SHELDON TO HOLD
PURSEFORG.O.P.
. I
Good Work of Treasurer of
1908 Campaign Recognized
by Reappointment.
WASHINGTON. Aug. 20.—George
R. Sheldon, of New York, will be the
treasurer of the Republican national
committee during the coming cam
paign. said Charles D. Hilles, chairman
of the national committee, at the White
House today.
Mr. Hilles said that Mr. Sheldon,
who was treasurer of (he. committee in
1908, had done such good work during
the last campaign that the present
committee thought it a just recognition
of his ability to select him for the
same post this year.
Bull Moose Have
Spent $19,403.31
CHICAGO. Aug. 20.—Th? first financial
statement of th? Progressive party was
issued here today by La Verne W. Noyes.
A summary of th? receipts and expend
itures showed that up to the time the
Progressive national convention had
concluded Its work about $20,000 had been
taken in. Os this all except about SSOO
has been expended. The expenditures
were in connection with th? national con
vention and maintaining headquarters
here. The Progressive heads say that at
least SIO,OOO was saved by using the same
seats and many of the same fixtures for
their convention that the Republicans
had used.
The statement follows
Subscriptions.
From individuals $2,000.00
From Chicago hotels 3,350.00
From seat sales. S2O. sls and $lO
seats 8,917.00
From $3 seats 4,345.55
From programs 1,265.39
Total $19,877.94
Expenditures.
For hall, arrangements therein,
music, printing. office ex
penses. etc $19,403.31
Balance $474.63
The Progressive state executive com
mittee met today at th? LaSalle hotel.
The state campaign opens tonight at
Galesburg, where Frank H. Funk, guber
natorial candidate, will be the principal
speaker.
Kansas Taft Men to
Bolt Regular Ticket
CHICAGO. Aug. 20.—Supporters of
President Taft in Kansas are going to
bolt the regular Republican ticket.
They will so-in an organization of their
own. This was the news brought to
Republican headquarters here today by
Chester 1. Long, former United States
senator from Kansas.
The Roosevelt faction has captyred
the Republican organization in the Sun
flower state. Long said that Taft elec
tors would be placed on an independent
ticket and that a ticket to oppose the
Progressives wmuld be put In the field.
It is probable that the right of the
Progressives to put the Roosevelt elec
tors on the Republican ticket would be
tested in the supreme court. The con
servatives. however, have little hope
that the moose followers will be denied
the use of the Republican emblem.
WISE AND COOPER MEET
IN DEBATE AT JACKSON
JACKSON. GA.. Aug, 20.—A large
crowd of Butts county citizens attend
ing superior court listened to the joint
debate between Solicitor J. W. Wise
and John R. Cooper, held here yesterday
afternoon. Mr Cooper followed Solici
tor Wise for more than an hour. The
speakers were applauded continually
and made a good impression.
Have you been looking for a wholesome food,
One that's healthful and nutritious?
A suggestion, perhaps, will do some good,
Try Post Toasties, they’re delicious.
Written by F. P DANZ.
rare Hart & Murphy. St Paul, Minn
hne of th? sfi Jingles for which the Postum Co,
Rattle <’r?ck, Mlrh , paid SI.OOO in June T m / >
REPRESENTATIVE
JUSTIN CALLED
ML MUST
Tennessee Congressman Ar
raigned on House Floor as
Betrayer of Constituents.
WASHINGTON, Aug. 20.—Represen
tative Austin, Republican, of Tennessee,
was denounced by Representative Rai
ney. Democrat, of Illinois, on the floor
of the house today as being in th«
service of the water power trust. Aus
tin’s resignation from the house was
suggested because of Austin's alleged
intention "to hand over the city oi
Knoxville, Tenn., and the constituent!
of his district, bound and gagged, tt
the w r ater power corporation.”
Representative Rainey declared that
Representative Austin received 812,000
in stock for an investment of s2l from
the Knoxville Power Company, which
he afterward sold for SB,OOO In cash.
Rainey continued:
"I desire now’ to consider the Ten
nessee situation. The omnibus dam bill
provides 17 dams for the rivers of Ten
nessee. Two of these dams are not tn
be constructed In Representative Aus
tin's district, but in the district of his
colleague, Mr. Sells, who was without
knowledge of the bills until they were
presented on the floor of this house.
Well Trodden Trail.
"In my investigation of the water
power trust. Insofar as it relates to the
rivers of Tennessee. 1 find a well trod-
I den trail leading from the congression
|al office of the gentleman from Ten
i nessee to the representative of the wa
iter power trusts, and for the benefit of
the gentleman front Tennessee and oth
ers who may be interested in this'sub
. ject, I propose now’ to call attention to
the evidence he heretofore so vigorous
ly demanded that I produce.”
Representative Rainey then offered
records which he asserted were proof
that Representative Austin was in the
employ of the water power trust.
"Recently," concluded Mr. Rainey,
"the gentleman from Tennessee made
the statement that if 1 could produce
proofs that he. as a representative, fa
vored the water power trust, he would
consider himself disgraced and would
resign. 1 do not Insist that the gentle
man resign from this body. I do not
think, however, that the cause of water
power conservation in Tennessee would
suffer if the gentleman’s connection
with this house would cease. The gen.
tieman will be missed if he resigns,
however, by water pow’er trust lobbies.'*
Wilson Wires His
Congratulations
TRENTON. N J., Aug 20.—Governor
Wilson today sent the following tele
gram to Governor Marshall:
'My heartiest and sincerest congratu
lations It is a matter of the deepest
i egret with me that I could not be pres
ent to extend my congratulations in per
son and to express again the warm sat
isfaction it gives me to -he associated
with you on the Democratic ticket. I
should have liked to have a chance to
join you in saying how confident I feel
In the presence of the party's greatest op
portunity to serve the people without fear,
favor or timidity. Pray accept my warm
personal regards.”
Moose Fight
For Party Circle
CHICAGO. Aug 20.—A determined
fight by the party for a party
circle on the state ticket at the fall elec
tion is to be made, according to leading
Progressives here. While the Illinois
election law defines a party as one which
received two per cent of the vote at the
previous election and says only parties
: can have circles at the top of their bal
lots, the Progressives propose to show
that this feature of the law has always
been disregarded. A number of third
parties have been granted the privilege
of the circle, they say. They plan a
mandamus suit in the state supreme
court to compel grouping of Progressive
candidates in one column with a party
circle at the top.
State officials have asserted that the
new parly has no standing under the law
and that it will not be recognized as a
party organization when the ballots are
printed.
4TH DISTRICT CONVENTION
GOES TO SUMMER RESORT .
COLUMBUS, GA., Aug. 20.—The
Fourth district congressional conven
tion has been called to meet at Warm
Springs September 7 to name a nomi
nee for congress from this district. As
Congressman W. C. Adamson has no
opposition before the state primary to
morrow, there is no question of his
nomination, and the district conven-
I lion will be more of an outing than a
business meeting.
3